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adr - Coggle Diagram
adr
arbitration
where the courts use a more informal procedure to hear cases or where the parties agree to submit their claims to private arbitration - type of arbitarion releveant to adr
arbitration is the voluntary submission by the parties of their dispute to someone other than the judge
agreement to arbitrate can be made at any time - in many cases arbitrator someone who has expertise in the partic field inv in dispute, but if dispute incl point of law, parties may appoint lawyer
types of hearing
paper arbitrauin - two sides put all thr points they wish to raise into writing and submit this along with any relevent documentd to arbitrator who makes dec
alternatively arbitrator could be sent all these dicuments but before decision they neet the parties where they make oral submissions ab the case, witnesses can be cakked
the award
the decision made by the arbitrator is called an award and is binding on the oarties - can be enforced through courts if necassary
decision is usually final but can be challenged ub the courts on the grounds of serious irregularity in proceedings or in poinyts of law
adv
parties may choose their own arbitratir can therefor dec whether matter best dealt w by lawyer or technical expert or pro arbitrator
if theres q of quality can be decided by expert in partic field, savinge expense of calling witnesses and the time used to explain technicalities to the judge
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disadv
One of the main disadvantages of arbtextitration is cost. Of all the methods of dispute resolution, arbitration is the most expensive. Especially when parties opt for a formal arbitration with hearings like those in a real courtroom, the costs will be high. Indeed, some arbitrations are just as expensive as litigation, which negates the use of arbitration and has seen its decline in popularity in recent years
High cost is especially problematic where one party has more money and can more readily bear those costs. In commercial disagreements, a costly arbitration could give a smaller and less profitable company serious cashflow problems, even leading that company towards insolvency or bankruptcy. As a result, many less profitable or smaller companies may wish to avoid arbitration proceedings.
an unexpected legal point may aruse in this case where the arbitrator not suitable to make decis if noy a lawyer
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